Advanced Search

On Notariate

Original Language Title: Про нотаріат

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

  
image
C A C U A TO R S
About the Notaries
(Information of the Verkhovna Rada of Ukraine (VR), 1993, N 39, pp. 383)
{Be in Action by VR
N 3426-XII ( 3426-12 ) 02.09.93, VR, 1993, N 39, pp. 384}
{With changes under the Laws
N 210 /98-VR from 24.03.98, VR, 1998, N 35, pp. 241
N 1709-III 1709-14 ) 11.05.2000, IWR, 2000, N 32, pp. 257
N 2056-III 2056-14 ) from 19.10.2000, VR, 2000, N 50, pp. 436
N 2921-III ( 2921-14 ) from 10.01.2002, VB, 2002, N 16, pp. 114
N 762-IV 762-15 ) of 15.05.2003, VR, 2003, N 30, pp. 247
N 980-IV ( 980-15 ) from 19.06.2003, BBR, 2004, N 2, pp. 6
N 1255-IV ( 1255-15 ) from 18.11.2003, BBR, 2004, N 11, pp. 140
N 2798-IV ( 2798-15 ) from 06.09.2005, VR, 2005, N 42, pp. 464
N 3201-IV ( 3201-15 ) from 15.12.2005, VR, 2006, N 13, pp. 110
N 3538-IV ( 3538-15 ) of 15.03.2006, VR, 2006, N 35, pp. 295
N 614-VI ( 614-17 ) of 01.10.2008, VR, 2009, N 13, pp. 161
N 1054-VI ( 1054-17 ) from 03.03.2009, VB, 2009, N 29, pp. 392
N 1254-VI ( 1254-17 ) from 14.04.2009, VR, 2009, N 36-37, pp. 511
N 1276-VI ( 1276-17 ) from 16.04.2009, VB, 2009, N 38, pp. 535
N 2398-VI ( 2398-17 ) from 01.07.2010, VR, 2010, N 38, pp. 509
N 2527-VI ( 2527-17 ) of 21.09.2010, VR, 2011, N 5, pp. 29
N 2677-VI ( 2677-17 ) 04.11.2010, OVR, 2011, N 19-20, pp. 142 N 3205-VI ( 3205-17 ) from 07.04.2011, VR, 2011, N 41, pp. 413
N 3271-VI ( 3271-17 ) from 21.04.2011, VR, 2011, N 44, pp. 460
N 4314-VI ( 4314-17 ) from 12.01.2012, VR, 2012, N 40, pp. 475
N 4652-VI ( 4652-17 ) by 13.04.2012, VR, 2013, N 21, pp. 208
N 4709-VI ( 4709-17 ) of 17.05.2012, VR, 2013, N 7, pp. 65
N 4711-VI ( 4711-17 ) of 17.05.2012, VR, 2013, N 14, pp. 89
N 5029-VI ( 5029-17 ) from 03.07.2012, VR, 2013, N 23, pp. 218
N 5037-VI ( 5037-17 ) from 04.07.2012, VR, 2013, N 23, pp. 224
N 5208-VI ( 5208-17 ) from 06.09.2012, VR, 2013, N 33, pp. 436
N 5410-VI ( 5410-17 ) 02.10.2012, VR, 2013, N 42, pp. 586
N 5492-VI ( 5492-17 ) from 20.11.2012, VR, 2013, N 51, pp. 716
N 224-VII ( 224-18 ) from 14.05.2013, VR, 2014, N 11, pp. 132
N 406-VII ( 406-18 ) from 04.07.2013, VR, 2014, N 20-21, pp. 712 N 1206-VII ( 1206-18 ) from 15.04.2014, VR, 2014, N 24, pp. 885
N 1219-VII ( 1219-18 ) from 16.04.2014, VR, 2014, N 23, pp. 876
N 1702-VII 1702-18 ) from 14.10.2014, VR, 2014, N 50-51, pp. 2057 N 247-VIII ( 247-19 ) from 05.03.2015, BBQ, 2015, N 21, pp. 141}

{In the text of the Law: the words "notary and another official"
and "notary or other post-person" in all differences and
The numbers are replaced with the words "notary or position person" in the
of the appropriate mark and the words "Justice management"
For the Council of Ministers of the Republic of Crimea, regional, Kiev and
Sevastopol city administrations "in all countries"
differences and numbers replaced with the words "Main control"
Ministry of Justice of Ukraine in Autonomous Region
The Republic of Crimea, the main administration of justice in areas,
the cities of Kiev and Sevastopol " in the appropriate case;
" The official committee of the executive committee of the rural,
The village, the city council of People's Deputies "
differences and numbers are replaced by the words " position person
a local government " in the appropriate case
and the Act N 614-VI ( 614-17 ) From
01.10.2008}

This Act establishes the order of legal regulation of the activity
In Ukraine.

Section I
NOTARIES IN UKRAINE
CHAPTER 1. GENERAL PROVISIONS
Article 1. The Notary's Concept. Organs and persons who commit to
Notarial actions {Title of Article 1 in the edition of Act N 614-VI ( 614-17 ) From
01.10.2008}
Notariat in Ukraine is a system of organs and officials, on
which is entrusted to the duty of the Ambassadors, as well as the facts
have legal meaning, and to commit other notarial actions,
provided by this Act, in order to grant them legal
Maybe.
The study of notarial actions in Ukraine relies on
The notaries working in the state notary convoys,
State notary archives (state notaries) or
are engaged in private notarial activities (private notaries).
Documents decorated with public and private notaries;
have the same legal force.
In localities where there are no notaries, notarial actions,
stipulated by article 37 of this Act authorized by the
It is the officials of local government officials. {Part
article 1 in the edition of Act N 614-VI ( 614-17 ) From
01.10.2008}
The study of notarial actions abroad relies on
Consular agencies of Ukraine, and in cases stipulated by the current
-Law on diplomatic missions of Ukraine.
The testimony of the will and the instructions attached to
Notarial, may be made by persons listed in Article 40
of this Act.
Article 2. Legal basis for the activities of the notary
The legal basis for the activities of the notaries is the Constitution of Ukraine
( 254k/96-PL ), this Law, other legislative acts of Ukraine.
Article 2-1. State regulation of notarial activities
State regulation of notarial activities is to
setting the conditions of admission to the citizens before the notary
activities, order of stopping and ending the private notary
activities, annulment of the right to employment
Notarial activities; making control of the organization
Notariate, conduct of the inspection organization of the notary
Notaries, compliance with the order of the
The notarial actions and the fulfillment of the rules of notary business;
determining bodies and persons who commit notarial actions,
carry out control over the organization of the notary, conduct checks
The organization of notary activities of the notaries,
the order of the notary and the execution of the rules
Notarial business; the definition of a state tariff rate, which
coping with state notaries; setting up a list
additional services of legal and technical nature, which are not
associated with committed notarial actions, and setting
the size of the fees for their provision by state notaries; setting
the rules of professional ethics z1730-13 ).
Monitoring of the notary organization, the verification of the organization
Notarial notaries, compliance with
for the conduct of notarial actions and the execution of the rules of the notary
The Ministry of Justice is carried out by the Ministry of Justice,
Ministry of Justice of Ukraine in Autonomous Region
Republic of Crimea, Head of Justice Management in Areas, Cities
Kiev and Sevastopol. {The law was supplemented by Article 2-1 according to Act N 614-VI.
( 614-17 ) from 01.10.2008; in the editorial of Act N 5208-VI ( 5208-17 )
from 06.09.2012}
Article 3. Notary
Notary is authorized by the state of a physical person who
Performs notarial activities in the state notary office,
public notary archive or independent professional
The notarial activity, in particular the question of law, as well as the facts
have legal meaning, and acts other notarial actions,
prescribed by law, in order to grant them legal probability, and
also runs public real estate registrar functions
property in order and cases established by the Law of Ukraine " On
State registration of fixed property rights and their provisions "
( 1952-15 ). {Part of the first article 3 with changes made under the Act
N 247-VIII ( 247-19 ) of 05.03.2015}
Notary may be a citizen of Ukraine who has a full
legal education, possessing the state language, has an old job in the field of
right not less than six years, with them an assistant notary or
A consultant to the state notary office-not less as three
years, compiled a qualifying exam and received a right to a
Occupying the notary's activities. Can't be a notary,
which has a criminal record limited in capacity or recognized
Sunday at the time of the court's decision.
Notaries are forbidden to use their powers from
The purpose of receiving a non-legal benefit or the acceptance of a promise or
To offer such a benefit to himself or to others.
Notarius ca n' t do business, law school
activities, to be a founder of lawyers ' associations, to be on
public service or service in local governments, in
state of other legal entities, and to perform other paid
Work other than teaching, scientific and creative activities.
The registration right of the private notary is stored and
In accordance with the Main Administration of Justice of the Ministry
to the Justice of Ukraine in the Autonomous Republic of Crimea,
Administration of justice in areas, cities of Kiev and Sevastopol. {Article 3 in the edition of Act N 614-VI ( 614-17 ) 01.10.2008;
with changes made under Act N 4711-VI ( 4711-17 ) From
17.05.2012; in edition of Act N 5208-VI ( 5208-17 ) From
06.09.2012}
Article 4. Notarus rights
Notary has the right to:
remove from businesses, institutions and organizations
and the documents necessary to commit the notary action;
receive payment for additional services of the legal and
technical nature that are not related to the
Notarial actions, and for committing private notaries
Notarial actions; {Article 4 is supplemented by paragraph under the Law
N 614-VI ( 614-17 ) From 01.10.2008; in the editorial of Act N 5208-VI
( 5208-17 ) from 06.09.2012}
compose draft agreements and statements, make copies of documents and
statements of them, as well as to give clarification on the subject of the
The notarial actions and consultation of the legal character. Valid
The legislation of the notary may be granted to other rights.
Article 5. Notary's duties
The notary is obliged to:
to exercise their professional duties according to this
The law and the sworn oath to comply with the rules of professional
Ethics z1730-13 ); {Abzac second article 5 with changes made in
under the Law N 5208-VI ( 5208-17 ) from 06.09.2012}
to promote citizens, businesses, institutions and organizations in
Exercising their rights and protection of legitimate interests, to dissolve
rights and duties, warn of the consequences of the committed
The notary's actions to ensure that legal non-knowledge cannot be
To be used for harm;
to keep the information secret received in connection with
The conduct of notarial actions;
refuse to commit a notary action in case of her
The non-compliance with the legislation of Ukraine or international treaties;
maintain notary business and the notary ' s archive, respectively.
to the established rules; {Articles 5 is supplemented by the paragraph sixth by
with Law N 614-VI ( 614-17 ) of 01.10.2008}
refer to the documents of the notary business and
The archive of the notary, not to allow them to damage or destroy;
{Article 5 is supplemented by paragraph 7 according to Law N 614-VI.
( 614-17 ) of 01.10.2008}
provide documents, information and explanations on request
Ministry of Justice of Ukraine, Main Justice Department
Ministry of Justice of Ukraine in Autonomous Republic of Crimea,
Chief Justice Department in Areas, Cities of Kyiv and Sevastopol
with their authority to control the organization
and performing the notary's rules of the notary
business; {Article 5 is supplemented by paragraph 8 of the
Act N 614-VI ( 614-17 ) of 01.10.2008}
continuously raise its professional level, and in cases,
the paragraph 3 of the first article 29-1 of this Act,
Qualification promotion to be promoted; {Article 5 is supplemented by paragraph 5
Ninth under Act N 614-VI ( 614-17 ) of 01.10.2008}
Perform other duties prescribed by law. {Article 5
complemented by the paragraph 10 according to the Act N 614-VI ( 614-17 )
of 01.10.2008}
Article 6. Notary's oath
Person who first granted the right to engage in a notary
activities, in the Main Department of Justice of the Ministry of Justice
Ukraine in the Autonomous Republic of Crimea, Chief Justice Administration
in areas, cities of Kiev and Sevastopol in a solemn environment
To bring an oath to this content:
" I solemnly swear to fulfill the duties of the notary.
The conscientious, according to the law and conscience, respect the rights and the law
The interests of the citizens and organizations, to keep the professional secret,
everywhere and always take the purity of the high rank of notary ".
Article 7. Conduct of a notary-action
Notaries or officials who commit notarial actions, in the future.
operations are guided by the laws of Ukraine, by the laws of the Verkhovna Rada of Ukraine
For the sake of Ukraine, decrees and orders of the President of Ukraine,
the instructions and orders of the Cabinet of Ministers of Ukraine, and on
territory of the Republic of Crimea, in addition to the legislation of the Republic
Crimea, orders of the Minister of Justice of Ukraine, regulations
regional, Kiev and Sevastopol city states
administrative.
Notaries in established order within their competence
solved the questions stemming from the norms of international law, and
In the country, also held by the Government of Interstate Agreements.
Article 8. Notarial mystery
The notary mystery is the collection of information received under
the time of committing a notary ' s action or an appeal to the notary
The involved person, including the person, her property, the personal
Mayors and non-master rights and responsibilities.
The notary and the person listed in Article 1 of this Act, as well as
A notary's assistant is obliged to keep the notary secret,
even if their activities are limited by the provision of legal assistance
or familiarity with the documents and the notary action or action that
It was not for the notarial. {Part of the second article 8 with the changes made under the Act
N 5208-VI ( 5208-17 ) from 06.09.2012}
The duty of the notary secrecy is also extended to
to persons who have been informed about their own notary's actions in connection with
By the execution of their duties or other work, on persons,
involved in the act of notary action as witnesses, and on the
other persons who have become known to the information that constitute the subject
A notarial mystery.
Persons guilty of violating the notary secrecy are carrying out.
responsible in the order established by the law.
Representation of the notary in the prescribed order and in cases
"On prevention and counteraction"
Legalization of the income generated by the criminal record
Financing of terrorism and the financing of arms distribution
mass destruction " ( 1702-18 ), information to the central authority
the executive branch, which implements state policy in the
Preventing and countering legalization of income,
of criminal offence, financing of terrorism and financing
Proliferation of weapons of mass destruction, is not a violation
A notarial mystery. {Article 8 is supplemented by the new part under Law N 1702-VII
( 1702-18 ) From 14.10.2014}
Notarius does not carry a disciplinary, administrative,
civil and criminal responsibility for submission
the central authority of the executive branch, implementing the state
Prevention and Anti-legalization Policies (imposition)
Income generated by criminal record, financing of terrorism and
Financing of the proliferation of weapons of mass destruction, information
about financial surgery, even if such actions are harmed.
legal or physical entity, and for other actions, if acted in
within the implementation of the Law of Ukraine " On prevention and counteraction
Legalization of the income generated by the criminal record
Financing of terrorism and the financing of arms distribution
Mass destruction. {Article 8 is supplemented by the new part under Law N 1702-VII
( 1702-18 ) From 14.10.2014}
Help about the committed notarial actions and copies of documents that
are stored in the notary, issued by notary exclusively physical
and legal entities, on behalf of which or to be committed
The notary's actions. In the case of death or recognition of the deceased
help are issued to the heirs of the deceased. In case of recognition
The missing guardian is appointed to guard the property in vain
Absent, has the right to receive help about the notarial
action, if necessary to preserve the property that is set on
Burns.
Help for Notary and Other Documents
are given to the notary within ten working days on the reasoned
written by the request of the court, the prosecutor ' s office, the organs carried out
-Operations, pre-trial investigations
in relation to criminal proceedings, civil, economic,
Administrative matters, cases of administrative matters
The enforcement of these organs, from
binding of the number of the case and the example of the arms
the seal of the relevant authority. {Part of Article 8 of the changes made under the Act
N 4652-VI ( 4652-17 ) From 13.04.2012}
Help for the sum of notarized contracts that
necessary solely to establish the retention of legislation on
questions of taxation, provided by the notary for 10 working
Days on a justified written request of income and assembly. {Part of Article 8 of the changes made under the Act
N 406-VII ( 406-18 ) of 04.07.2013}
Extract from Spadage to Compound Presence
Only a testament, but after the death of a testament-
any person who has been charged with death or other
document confirming the fact of the death of the will (one of the
(...) (...) {Part of Article 8 in the edition of Act N 2527-VI ( 2527-17 )
of 21.09.2010}
Notarius does not have the right to testify as a witness to the
information that constitute a notary mystery, except in cases,
when it requires a person to be instructed or concerning whom
There were notarial actions.
On request of the Ministry of Justice of Ukraine, Main Directorate
Justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea,
Chief Justice Department in Areas, Cities of Kyiv and Sevastopol
to regulate the organization of the notary ' s activities of the notary
issued signed copies of documents and extracts from them, as well as
an explanation of the notaries in the rows set by these bodies.
Notarius on a written request of income and fees agencies
information on the progress of the physical person in the right of the heir to the
the mandatory value of the full data on such a person and the data
The property received under the right inheritance. {Article 8 complemented by Act N 406-VII
( 406-18 ) of 04.07.2013}
{Article 8 with changes under Law N 762-IV
( 762-15 ) from 15.05.2003; in the wording of Act N 614-VI ( 614-17 )
of 01.10.2008}
Article 8-1. The guarantee of the notary activity
The state guarantees and provides equal access conditions to citizens
Prior to the occupation and the level of the notary's capacity
In the organization and implementation of the notary's activities.
Any interference in the activities of the notary, in particular with the purpose of
Preventing the execution of his duties or urges
to commit his wrongful actions, including extortion from him,
his assistant, the other workers who are in labour
a relationship with a notary, information that constitutes a notary
A secret, forbidding and enforcing responsibility
Under the law. {Part of the second article 8-1 with changes made under the Act
N 5208-VI ( 5208-17 ) from 06.09.2012}
Search, whirlback, working room review (conti) fail on
Based on the law established.
Removal of (a) register of the notary action and documents,
that are transferred to the notary in order predicted by this
By law, as well as seals are not allowed. Such Registry
The notary, the documents or the seal of the notary may be
provided to the court for the motivated trial only for review and
must be returned to the court immediately after review. {The law was supplemented by Article 8-1 according to Law N 614-VI.
( 614-17 ) of 01.10.2008}
Article 9. Restrictions on the right to commit a notary
Notary and the post of local government authority,
who are committed to the notary ' s actions, not the right to commit notarial actions to
their name and from his name, by name and on behalf of his husband or
his wife, his (her) and his relatives (parents, children, grandchildren,
grandfather, babes, brothers, sisters), as well as by name and on behalf of
workers of a given notary office, workers,
are in labour relations with a private notary, or
workers on the executive committee. Officials of the body
the local government is not right to commit to the notary's actions as well
in the name and on behalf of this executive committee. In specified
the cases of the notary act are committed in any other state
The notary office, in the private notary or in the executive
Committee of the Other Rural, Village, City Council of People
The President Officials listed in Article 40 of this Act do not.
The right to experience commandments and errands of his own name
name, named and on behalf of his husband or his wife, his
(her) and their relatives (parents, children, grandchildren, grandfather, babes, brothers,
(sisters) Notarial and aligned to them, committed with disruption.
The rules established by this article are invalid.
Article 10. Higher Qualification Commission of the notaries and order
Her work
To determine the level of professional training of persons who
intend to engage with notarial activities, and solutions
the question of annulment of the right to employment certificate
Notarial activities under the Ministry of Justice of Ukraine
There is a Higher Qualification Commission for the Notaries. Personal
The highest qualification of the notary qualifying commission is approved
By order of the Ministry of Justice.
Personal Staff of the High Qualification
The meeting commission is three years, starting from the day it
Approval.
Provisions for the Visification Commission of the notary
Approved by the Cabinet of Ministers of Ukraine ( 923-2011 ).
When there is an old work defined in part two
article 3 of this Act, persons who intend to make
Qualification exam for the right to a notary
activities are allowed by the High Qualification Commission of the notary
to its assembly on the basis of submission, respectively
Ministry of Justice of Ukraine in Autonomous Region
Republic of Crimea, Chief Justice Department in Areas, Cities
Kiev and Sevastopol. {Part of Article 10 of the changes made by the
Law N 5208-VI 5208-17 ) from 06.09.2012}
The order of admission to the qualification examinations and their
Holding ( z0926-11 ) installed by the Ministry
Justice of Ukraine
Based on the results of the compound qualification test
The notary commission accepts the decision to issue (or refusal to)
of the Ministry of Justice of Ukraine certificate of the right to
Occupying the notary's activities.
Persons who have not made a qualification exam are allowed before
The next thing he doesn't do as a year later.
The Chief Justice Department of the Ministry of Justice
Ukraine in the Autonomous Republic of Crimea, Chief Justice Department in
areas, cities of Kiev and Sevastopol. {Part of the seventh Article 10 in the edition of Act N 5208-VI ( 5208-17 )
from 06.09.2012}
A person who has not been treated for private
for three years after receiving a certificate of entitlement
taking the notary activity and who did n' t work a notary,
A consultant of a state notary office or an assistant
(consultant) private notary, was not a official,
which provides guidance and control over the activities of the notary, to
Filing a statement on the registration of the notary activity should
to confirm its qualification by drawing up a new
The qualification examination in the order set by the Ministry of
Justice of Ukraine
Questions about the annulment of the right to employment certificate
The notary is considered the highest qualification
Commission of the Notaries, on the basis of the Main Office
Justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea,
Chief Justice Department in Areas, Cities of Kyiv and Sevastopol
or the Notary House of Ukraine in cases defined by this
By law. {Part 9 of Article 10 of the changes made according to
Law N 5208-VI 5208-17 ) from 06.09.2012}
Order of amendment under the Main Office of Justice
Ministry of Justice of Ukraine in Autonomous Republic of Crimea,
Head of Justice Administration in areas, cities of Kyiv, and
Sevastopol or Notarial Chamber of Commerce of Ukraine
Annulment of the right to employment
and its consideration by the High Qualification Commission of the notary
is set up by the Ministry of Justice. {Part of Article 10 of the changes made according to
Law N 5208-VI 5208-17 ) from 06.09.2012}
The decision of the highest qualification commission of the notary may be
Appeal to the Court. {Article 10 in the edition of Laws N 614-VI ( 614-17 ) 01.10.2008,
N 3271-VI ( 3271-17 ) of 21.04.2011}
Article 11. Certificate of the Right to Class
Notarial activity
Certificate of the right to occupation
( z1170-12 ) Issued by the Ministry of Justice of Ukraine on
The decision of the highest qualification commission of the notaries. {Part of Article 11 of the changes made under the Act
N 3271-VI ( 3271-17 ) of 21.04.2011}
A refusal to remove a certificate can be appealed to the court. {Part of the second article 11 of the changes made under the Act
N 5208-VI ( 5208-17 ) from 06.09.2012}
For issuance of the certificate of the right to classes
activities to be paid, the size of which is set by the Cabinet
Ministers of Ukraine.
Article 12. Annulment of the Right to Class
Notarial activity
A certificate of the right to occupation may take place.
be revoked by the Ministry of Justice of Ukraine:

{Paragraph 1 of the first article 11 is excluded from the
Law N 5208-VI 5208-17 ) from 06.09.2012}

(2) by the decision of the Supreme Qualification Commission of the notaries,
Adoption of the report of the Secretary-General
Ministry of Justice of Ukraine in Autonomous Republic of Crimea,
Chief Justice Department in Areas, Cities of Kyiv, and
Sevastopol, in cases: {Abzac first item 2 of the first part
article 12 in the edition of Act N 3271-VI ( 3271-17 ) of 21.04.2011}
(a) Loss of citizenship of Ukraine or exit beyond Ukraine
Permanent residence;
(b) sentencing for the notary indictment of the court;
(a)
(c) The sentencing has been applied to the notary
Forced measures of the medical nature of the legitimate force;
(g) Closing of the criminal proceedings against the notary with
Non-Abilitating subs; {Subparagraph "g" point 2 of the first part
Article 12 of the changes made under the Laws N 4652-VI
( 4652-17 ) from 13.04.2012, N 5208-VI ( 5208-17 ) from 06.09.2012}
(d) The decision of the decision of the law, concerning the
limiting the capacity of the person who perform the duties of the notary,
recognizing it is incapacitated or without vain, the announcement of her
Deceased;
(e) repeated violations of the notary legislation
in committing a notarized action or a rough violation of the law that
have harmed the interests of the state, businesses, institutions,
organizations, citizens;
(e) Inconsistency of the notary in the loan as a result of the condition
Health, which prevents notarial activities;
(j) a violation of the notary of the requirements provided for
fourth Article 3, part one article 8 and article 9 of this
Law; {Sub-paragraph 2 of Part 1 of Article 12 of the
changes in accordance with the N 5208-VI ( 5208-17 ) From
06.09.2012}
(c) Recruited legal force by the decision of the Court of Justice
The notary of the requirements of the notary;
{Paragraph 2 of the first article 12 is supplemented by a sub-paragraph "with",
with Law N 614-VI ( 614-17 ) of 01.10.2008}
and) the destruction or loss of the notary or from its fault the archive
The notary or individual documents; {Paragraph 2 of the first article
12 complemented by sub-paragraph "and" by Act N 614-VI ( 614-17 )
From 01.10.2008; with the changes made under Act N 5208-VI
( 5208-17 ) from 06.09.2012}
(a) repeated violations of the occupational notary of the occupational
Ethics approved by the Ministry of Justice of Ukraine; {Paragraph 2
Part 1 of Article 12 is complemented by sub-paragraph "and" by
Law N 5208-VI 5208-17 ) from 06.09.2012}
(3) by the decision of the Supreme Qualification Commission of the notaries,
Adoption of the report of the Committee
-repeated violation of the notary of the rules of professional ethics. {Part 1 of Article 12 is supplemented by paragraph 3 under the Law
N 5208-VI ( 5208-17 ) from 06.09.2012}
Decisions on the annulment of the right to class
The notary may be appealed to the court. {Part of the second article 12 of the changes made under the Act
N 5208-VI ( 5208-17 ) from 06.09.2012}
Article 13. The Assistant Notary
Assistant notary may be a citizen of Ukraine who has
complete law education, possessing the state language, has the same
in the field of law are not less than three years. Cannot be an assistant
The notary of a person who has a criminal record limited in the capacity or
recognized as being incapacitated by the decision of the court.
A notary's assistant can't do business,
The lawyer, to be the founder of the bar associations,
to be held at public service or service in local
self-government, in the state of other legal entities, and to perform
another paid job other than teaching, scientific and creative.
activity.
A notary's assistant is forbidden to use its status
for the purpose of receiving misconduct or the acceptance of a promise or
To offer such a benefit to himself or to others.
On behalf of the notary, the notary ' s assistant is involved in the
the reception of individuals and representatives of legal persons, composed of
the draft law, certificates, other documents related to
The conduct of notarial actions, and statistical reports; to make records
to the registry for the registration of notarial actions, leads business and
the notary archive, prepares and sends the notary request to the notary
to businesses, institutions and organizations regarding information and
documents required for the conduct of the notary action, as well as
Performs another auxiliary and technical work. The assistant notary is not
has the right to sign notary documents and use
the seal of the notary.
The notary ' s assistant is required to perform its professional
the duties under this Act and the Employment Treaty,
A notary made of a notary mystery;
refer to the documents of the notary business and
the archive of the notary; continuously to raise its professional level.
Selection and adoption of the Assistant Private
The notary is the exclusive right of the notary. With a notary assistant
A labor treaty is signed. A notary may have one
The assistant. {Article 13 in the edition of Laws N 614-VI ( 614-17 ) 01.10.2008,
N 5208-VI ( 5208-17 ) from 06.09.2012}
Article 13-1. Notary County
The Notarial District is a territorial unit within which
The notary performs notarial activities and within which
is the state notary office where the government works
The notary, or the working place (s) of the private notary.
Notarial counties are determined according to
Administrative territorial administration of Ukraine. In the cities of
The district division of the notary is the entire territory
City. In case of changes in administrative and territorial division
Ukraine, as a result of the location of the working place (s)
The private notary has entered another notary district,
The notarial activity of the relevant notaries should be
is registered in this notary district.
Notarius are not right to exercise notarial activities abroad
outside their notary county, except for the replacement of others
The notaries, in cases, provided by this Act. {The law is supplemented by Article 13-1 according to Act N 614-VI.
( 614-17 ) of 01.10.2008}
Article 14. Notarial business and reporting
Rules for the conduct of notary business ( z1318-10 )
are approved by the Ministry of Justice of Ukraine for the approval of
Specially authorized by the central authority of the executive branch
the fields of archival affairs and business activities.
State notary offices and private notaries lead
established statistical and accounting reporting and feed
Chief Justice Department of the Ministry of Justice of Ukraine in
Autonomous Republic of Crimea, Chief Justice Administration in Japan
areas, cities of Kiev and Sevastopol.
State notary offices serve as set statistical data.
and accounting reporting, private notaries-statistical data
reporting.
Statistical report on the work of the state notary office and
The private notaries are served by the Main Office of Justice
Ministry of Justice of Ukraine in Autonomous Republic of Crimea,
Head of Justice Administration in areas, cities of Kyiv, and
Sevastopol to the Ministry of Justice of Ukraine.
Documents of the notary business and the private archive
The notary is the property of the state and is in possession and
using a private notary in connection with the
Notarial activity.
Private notary is required to provide storage
the documents of the notary business and the archive of the private
Notarius throughout the line of implementation of the notary
activity.
In case of termination of private notarized documents
Notarial business and the archives of the private notary
are passed to the relevant state notary archive in
of the order established by the legislation. {Article 14 in the edition of Act N 614-VI ( 614-17 ) of 01.10.2008}
Article 15. The language of notarial business
The language of notary business is defined by Article 16 of the Law
"On the Principles of State Language Policy" (PDF). 5029-17 ). {Article 15 in the edition of Act N 5029 (VI) 5029-17 ) From
03.07.2012}
Article 16. Professional self-government of the notaries
The goal of professional self-government notaries is to unite on
a professional basis for the efforts of the notaries to perform the
they are the Law of the Law and of their rights,
the representation of the professional interests of notaries in public
organs, local governments, in enterprises, in the
institutions and organizations, protecting professional interests and
social rights of notaries, promote professional level
Notaries and provide aid, interest protection
The physical and legal persons involved in harm to them in the wake of the
Illegal actions or negligence of notary.
Professional self-government of notaries is through
The Notarial Chamber of Ukraine and its organs. Notary House
Ukraine is an organization that exercises professional self-governance in the
The field of notary.
The Notarial Chamber of Ukraine is a non-profit legal entity,
has its own seal. Activities of the Notary Chamber of Ukraine
is carried out in accordance with the legislation and its charter.
The powers of the Notary House of Ukraine are defined by this Act
and its charter.
Prior to the office of the Notary Chamber of Ukraine,
representation of interests of notary chambers and notaries in the
Public and other institutions; provision of protection of social and
professional rights of notaries; participation by experts
Bills on the issues related to the notarial activities;
ensuring greater qualifications of notaries and their
helpers; control of the notary's rules of professional rules
Ethics and other powers.
Professional self-government of the notaries functions on the grounds
legality, publicity, independence, democracy,
collegiality, the suffrage, the duty of the membership of the notaries and
execution of professional self-government decisions made by the
according to their competence, ensuring equal opportunities
the access of the notaries to participate in professional self-service.
The members of the Notary Chamber of Ukraine may be individuals who
received a certificate of the right to take the notary activities.
Size of membership and other membership payments
The Notary Chamber of Ukraine required to fulfill its functions,
Defines the Congress of Notaries.
The Chamber of Notaries of Ukraine is registered in the order of
by the Law of Ukraine " On State Registration of Legal
persons and individuals-entrepreneurs " ( 755-15 ) Given
features established by this Act. {Article 16 in the edition of Act N 5208-VI ( 5208-17 ) From
06.09.2012}
CHAPTER 2. STATE NOTARY OFFICE AND STATE
NOTARIAL ARCHIVES
Article 17. State notary office
State notary offices are created and liquidated
Ministry of Justice of Ukraine.
The states of the state notary contor are approved by the Main
Ministry of Justice of Ukraine in Autonomous Region
Republic of Crimea, Head of Justice Management in Areas, Cities
Kiev and Sevastopol within established for public health
The notarial contor of the state and the fund of wages.
The state notary office is a legal entity that works.
is created and registered under the law of order.
He heads the state notary office, who is appointed
of the number of persons who have a certificate of the right to employment
The notary activity.
Appointment of the State Notary and the Chief
the state's notary's office and the dismissal of the post of failure
Chief Justice Department of the Ministry of Justice of Ukraine in
Autonomous Republic of Crimea, the main management of justice in the
areas, cities of Kiev and Sevastopol. {Article 17 in the edition of Act N 614-VI ( 614-17 ) of 01.10.2008}
Article 18. Testing the organization of work
Notarial contor, state notary
Archives
Ministry of Justice of Ukraine, Main Directorate of Justice
Ministry of Justice of Ukraine in Autonomous Republic of Crimea, main
management of justice in areas, cities in Kiev and Sevastopol
Conduct public notarial work testing
The office, state notary archives.
Test Order (s) z1244-08 ), provided for
part of the first of this article, approved by the Ministry of Justice
Ukraine. {Article 18 in the edition of Laws N 614-VI ( 614-17 ) 01.10.2008,
N 5208-VI ( 5208-17 ) from 06.09.2012}
Article 19. Payment of the notary actions
For committing a notary, state notaries are coping.
State customs in size established by the current legislation.
For the provision of public notaries of additional legal services
of nature which are not related to committed notarial actions, but
Also, the technical character is able to deal with a separate fee in size
to be established by the Ministry of Justice of the Ministry of Justice
to the Justice of Ukraine in the Autonomous Republic of Crimea,
Administration of justice in areas, cities of Kiev and Sevastopol.
The funds received from providing such additional services are directed.
to the State Budget of Ukraine. {Part of the second article 19 of the changes made under the Act
N 1709-III 1709-14 ) From 11.05.2000}
Article 20. Maintenance of the state notary office
State notary offices are held at the expense of
State budget.
Article 21. Responsibility of the State Notary
It's a shame, it's too special because of the illegal or negligent actions.
state notary, reimbursed in the order predicted by the
Legislation of Ukraine.
Article 22. State notary seal
The State Notary has a print with the image of the State
coat of arms of Ukraine, the name of the state notary office and
Match number.
Article 23. State notary archives
In the regional centers, the cities of Kiev, Simferopol and Sevastopol
are established by state notary archives which are part of the
National Archives Foundation and carry out temporary (up to 75 years)
storage of notarized documents.
Issues of organization of activities and competence of the State
The notary archive is determined by the position of the
( z0443-09 (Ministry of Justice of Ukraine). {Part of the second article 23 of the changes made under the Act
N 5208-VI ( 5208-17 ) from 06.09.2012}
The state notary archive is headed by a caretaker, which
Appointed by the Office of the President of the Republic of the United States of America
Justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea,
Head of Justice Administration in areas, cities of Kyiv, and
Sevastopol.
Network and states of state notary archives are approved
in order predicted for the state notary office.
The state notary archive is a legal entity and has a seal
with the image of the State coat of arms of Ukraine and its name.
CHAPTER 3. PRIVATE NOTARIAL ACTIVITY
Article 24. Registration of private notary activity.
Registration ID